Procedure for comparison of biometric or alphanumeric data with Eurodac data
1. For law enforcement purposes, the Member States’ designated authorities and the Europol designated authority may submit a reasoned electronic request as provided for in Article 33(1) and in Article 34(1), together with the reference number used by them, to the verifying authority to be forwarded for a comparison of biometric data or alphanumeric data to Eurodac via the National Access Point or Europol Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison as referred to in Article 33 or 34, as applicable, are fulfilled.
2. Where all the conditions for requesting a comparison as referred to in Article 33 or 34 are fulfilled, the verifying authority shall forward the request for comparison to the National Access Point or Europol Access Point, which shall forward it to Eurodac in accordance with Articles 27 and 28 for the purposes of comparison with the biometric or alphanumeric data transmitted to Eurodac pursuant to Article 15, Article 18(2) and Articles 20, 22, 23, 24 and 26.
3. A comparison of a facial image with other facial image data in Eurodac for law enforcement purposes may be carried out as provided for in Article 28(1), if such data are available at the time the reasoned electronic request is made by the Member States’ designated authorities or the Europol designated authority.
4. In exceptional cases of urgency where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence, the verifying authority may transmit the biometric or alphanumeric data to the National Access Point or Europol Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex post whether all the conditions for requesting a comparison as referred to in Article 33 or 34 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay after the processing of the request.
5. Where an ex post verification determines that the access to Eurodac data was not justified, all the authorities that have accessed such data shall erase the information communicated from Eurodac and shall inform the verifying authority of such erasure.
Conditions for access to Eurodac by designated authorities
1. For law enforcement purposes, designated authorities may submit a reasoned electronic request for the comparison of biometric or alphanumeric data with the data stored in Eurodac within the scope of their powers only where all of the following conditions have been met:
(a)
a prior check has been conducted in:
(i)
national databases; and
(ii)
the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA where comparisons are technically available, unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject; such reasonable grounds shall be included in the reasoned electronic request for comparison with Eurodac data sent by the designated authority to the verifying authority;
(b)
the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate to the objective pursued;
(c)
the comparison is necessary in a specific case including specific persons; and
(d)
there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the terrorist offences or other serious criminal offences in question; such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls within a category covered by this Regulation.
In addition to the prior check of the databases referred to in the first subparagraph, designated authorities may also conduct a check in the VIS, provided that the conditions for a comparison with the data stored therein, as laid down in Decision 2008/633/JHA, are met. Designated authorities may submit the reasoned electronic request referred to in the first subparagraph simultaneously with a request for comparison with the data stored in the VIS.
2. Where the designated authorities have consulted the CIR in accordance with Article 22(1) of Regulation (EU) 2019/818 and the CIR, in accordance with paragraph 2 of that Article, has indicated that the data relating to the person concerned are stored in Eurodac, the designated authorities may access Eurodac for consultation without a prior check in national databases or in the automated fingerprinting identification systems of all other Member States.
3. Requests for comparison with Eurodac data for law enforcement purposes, shall be carried out with biometric or alphanumeric data.
Conditions for access to Eurodac by Europol
1. For law enforcement purposes, the Europol designated authority may submit a reasoned electronic request for the comparison of biometric or alphanumeric data with the data stored in Eurodac within the limits of Europol’s mandate and where necessary for the performance of Europol’s tasks only where all of the following conditions have been met:
(a)
comparisons with biometric or alphanumeric data stored in any information processing systems that are technically and legally accessible by Europol did not lead to the establishment of the identity of the data subject;
(b)
the comparison is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol’s mandate, which means that there is an overriding public security concern which makes the searching of the database proportionate to the objective pursued;
(c)
the comparison is necessary in a specific case including specific persons; and
(d)
there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the terrorist offences or other serious criminal offences in question; such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls within a category covered by this Regulation.
2. Where Europol has consulted the CIR in accordance with Article 22(1) of Regulation (EU) 2019/818 and the CIR, in accordance with paragraph 2 of that Article, has indicated that the data relating to the person concerned are stored in Eurodac, Europol may access Eurodac for consultation under the conditions provided for in this Article.
3. Requests for comparison with Eurodac data for law enforcement purposes, shall be carried out with biometric or alphanumeric data.
4. Processing of information obtained by Europol from comparison with Eurodac data shall be subject to the authorisation of the Member State of origin. Such authorisation shall be obtained via the Europol national unit of that Member State.
Communication between the designated authorities, the verifying authorities, the National Access Points and the Europol Access Point
1. Without prejudice to Article 39, all communication between the designated authorities, the verifying authorities, the National Access Points and the Europol Access Point shall be secure and take place electronically.
2. For law enforcement purposes, searches with biometric or alphanumeric data shall be digitally processed by the Member States and Europol and transmitted in the data format as set out in the agreed Interface Control Document, in order to ensure that the comparison can be carried out with other data stored in Eurodac.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
